WILLIAMSTOWN, Mass. — The attorney general's office determined there is no evidence of an Open Meeting Law violation by members of the Planning Board with respect to its deliberations on the Waubeeka Golf Links zoning bylaw earlier this year.
In a letter dated Monday and posted on the AGO's website, Assistant Attorney General Kevin W. Manganaro writes that "we find that the Board did not violate the Open Meeting Law.
"In reaching a determination, we reviewed the original complaint, the Board's response, and the request for further review filed with our office. We also reviewed the minutes of two Board meetings held on April 28 and May 4. Finally, we reviewed e-mail correspondence between Board member Ann McCallum and Director of Community Development Andrew Groff, dated May 2."
The complaint was filed by resident David Leja, who alleged three members of the five-person board met in private and "worked with a group of individuals, including an abutter attorney, to draft an amendment related to a proposed Waubeeka Golf Club Inn [sic] project."
The Planning Board made a formal response to the complaint in May, shortly after it was filed. At the time, the board decided there was no violation, a determination confirmed by the AGO this week.
The ruling from Boston puts a coda on a particularly turbulent and, at times, nasty 2016 town election season.
Spurred by the controversy over a proposed bylaw at the South Williamstown golf course, there were two contested races for the Planning Board.
One of the candidates, Sarah Gardner, was accused by name of violating the OML in the complaint, timed and released to the media just before town election day.
Gardner ended up losing her bid for a five-year seat on the Planning Board by a margin of 811-681, a difference of 54 percent to 46 percent.
Of the other two planners named in the complaint, Elizabeth McGowan was not standing for re-election, and Ann McCallum, whose term was not expiring, continues to serve on the board.
When the Planning Board considered the OML complaint, days after the election, Gardner speculated about its purpose.
"[Leja] stated that he was encouraged to file this, and I'd like to know who encouraged him because it was clearly timed to come out on election day," Gardner said.
A request to Planning Board Chairwoman Amy Jeschawitz for comment was not immediately returned.
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Williamstown Planners OK Preliminary Habitat Plan
By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Planning Board on Tuesday agreed in principle to most of the waivers sought by Northern Berkshire Habitat for Humanity to build five homes on a Summer Street parcel.
But the planners strongly encouraged the non-profit to continue discussions with neighbors to the would-be subdivision to resolve those residents' concerns about the plan.
The developer and the landowner, the town's Affordable Housing Trust, were before the board for the second time seeking an OK for the preliminary subdivision plan. The goal of the preliminary approval process is to allow developers to have a dialogue with the board and stakeholders to identify issues that may come up if and when NBHFH brings a formal subdivision proposal back to the Planning Board.
Habitat has identified 11 potential waivers from the town's subdivision bylaw that it would need to build five single-family homes and a short access road from Summer Street to the new quarter-acre lots on the 1.75-acre lot the trust purchased in 2015.
Most of the waivers were received positively by the planners in a series of non-binding votes.
One, a request for relief from the requirement for granite or concrete monuments at street intersections, was rejected outright on the advice of the town's public works directors.
Another, a request to use open drainage to manage stormwater, received what amounted to a conditional approval by the board. The planners noted DPW Director Craig Clough's comment that while open drainage, per se, is not an issue for his department, he advised that said rain gardens not be included in the right of way, which would transfer ownership and maintenance of said gardens to the town.
Town meeting voters will be asked Monday to approve a request to change state law in a way that will preserve education at Hancock Elementary School. click for more
The Charter Review Committee on Wednesday voted unanimously to endorse an amended version of the compliance provision it drafted to be added to the Town Charter. click for more
Developer David Traggorth asked the trustees to make the contribution from its coffers to help unlock an additional $5.4 million in state funds for the planned 54-unit apartment building at the south end of the Cable Mills site.
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